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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 23 Third Revised Sheet No. 9.045 FLORIDA PONAMR. & LIGHT COMPANY Cancels Second Revised Sheet No. 9.045 (Continued from Shed No. 9.044) 17.63 Changes in Environmental and Governmental Regulations If new environmental and other regulatory requirements enacted (hiring the tem of the Camtmc change FPL's MIT avoided cost of the unit on which the Contract is based• either party can elect to have the contract reopened. 17.71nterconncclionlWhceling Agreement 'Ihe QS has weaned an interconnection agreement with FPL, or represents or warrants that it has entered into a valid and enforceable Interconnection Agreement with the utility in w4hase service territory the Facility is located, pursuant to which the QS assumes contractual rev. onsibdity to make any and all transni -tion-related arrangements (including control arca services) between the QS and the transmitting utility for delivay of the Facility's capacity and energy to FPL. 17 S Technology and tic cratm Capabilities That for the term of this Contract the Technology aid Generator Capabilities table sd faith in Section 1 is accurmc and complete. is. General Provtslons 18.1 Prjcct Viability To asMst FPI. in assessing the QS's financial and technical viability, the QS shall provide the information and docurcniarapnested in Appendix D or substantially similar documents, to the extent the documents apply to the type of Facility covered by this Contract. and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide die following such documents mayresult in a determination of non -viability byFPL. 18.2 PermiLc Site Control The QS hereby agrees to obtain and maintain Permits wiuich the QS is required to obtain as a prerequisite to engaging in the activities specified in this Contract. QS shall also obtain aid maintain Site Control for the Term of Ute Contract. 183 Project Management 18.3.1 If requested by FPL. thc'QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar days from tie execution of this Contract, and a start-up and led schedule for the Facility at least sixty calendar days prior to clad -up and testing of the Facility. Thecae schedules stall identify key licensing, permitting, construction and operating milestone dates and activities. If rerpmcscd by FPL, the QS drall submit progress reports in a faint satisfactory to FYI. every calendar month until the Capacity Delivery Date and shall notify FPL or any changes in such vdnc(hdes within ten calendar days after such changes are determined. FPL shall have the right to monitor the construction, start-up and testing of are Facility, either on -silt or air. site. FPL's technical review and im ipections of the Facility and resulting requests• if any. shall not be construed as endorsing the design thereof or as any warrontyas to the safety, durabilitym reliability of the Facility. 183.2 The QS shall ,provide FPI. with the final designerVinanufacturer's generator capability curvet protective relay t pM proposed protective relay sittings, amid one -line diagrams, protective relay functional diagrams, and alternating current amid direct current elementary diagrams for review, and inspection at FPL no later than one hundred eighty calendar days prior to the initial synchronization date. ISA Assignment This Agreement .hall inure to The benefit. of and shall In binding upon the Parties and Their respcdivc suca.:surs add asignts Ms Agrcenenl Hull not Inc assigned or IransTrxred by tither Party without the prior written amscnt of the other Party, such canscnl to he granted or withheld in sudor other Patty's sole discretion. Any director indirect change of control of QS (whether voluntary or by operation of law) shall be doomed an assignment and shall require the prior written consent of FPL. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign or transfer this Agreement; (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsible for M.'s remsonablc costs and expenses assaciatcl with the review, negotiation, execution and delivery of any documents or infnmation purmanl to such collateral assignment- including rmsomable attorneys' fees (b) to an affiliate of such Panty, proWaiM that such afi iliate's creditworthiness is equal to or Inciter than that of such Party (arid in no event d= (ban Investment Grade) as determined reasonably by die non•assiening or non-tmnsrwing Party and. p v4ded fimher, that any such affiliate shall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to tie non -assigning or non -transferring Party arising or seeming hereunder from and after the date of such assumption. "Inveshnem Gradc" means 131311- or above from Standard & Panes Corporation or naa2 or above from Mood}rs Investor Services. 18.5 Disclaimer In executing this Contract, I'M docs not, nor should it be construed, to extend its credit or financial support for tie benefit of any third parties lending money to or having other transactions with the QS or any assignee of this Contract. (Continued on Sheet No. 9.046) Issued by- S, E. Rant ig, Director, Rates and Tariffs Effective: September 13, 2016 q-2-3